DENNIS ANTONY S/O ANTONY Vs. SUMATHY

JUDGEMENT

(1.) The review petitioner is the revision petitioner as well as the tenant of the building. The respondents in the review petition are the respondents/landlords in the RCR.

(2.) Originally the rent control petition was filed by the landlords under Section 11(3) and 11(4) (ii) of the Kerala Buildings (Lease and Rent Control) Act. The eviction was allowed under Section 11(3) of the Act and disallowed the claim under Section 11(4) (ii) of the Act. Though he had preferred an appeal, the appellate authority also confirmed the order of eviction passed by the rent control court under Section 11(3) and dismissed the appeal. Aggrieved by the concurrent findings of the courts below, granting order of eviction under Section 11(3) of the Act, the revision petition is preferred before this Court and after considering the legality and propriety of the impugned order passed concurrently by the courts below, this Court also confirmed the order of eviction passed by the courts below under Section 11(3) of the Act and dismissed the revision petition.

(3.) This review petition is filed on the ground that this court has erred in arriving at a finding in favour of the landlord under the 1st proviso to Section 11(3) of the Act, without considering the lack of explanation from the part of the landlords for not occupying the room, which was found in possession of the landlords, by the commissioner.